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HomeMy WebLinkAbout03/06/1972 Special Meeting / Regular Meeting • . 30 MARCH :•6•,..197.2 :_ 1 • •• • y t 'MINUTES SPECIAL - MEETING :: • .:. , YAKIMA CITY COUNCIL MARCH 6, 1972 The City Counc ih "convened . i spec iaL sea s ion 1pursuant -:to : d•ue - notice;: at 1:30 : _P: : M._, ,March 1972, in the Conference Room at Yakima City Hall. ' Councilmen present at the y meeting':were .•.Mayor Bert •_fBroad,: Wray: -Br ownenore_., :Lambert•,,,.- • Lust, Walter Robinson, Don Schussler.':and Bill = Whitaker°. . _Also _present._were City : Manager-_ Mc Micken, City Attorney mAi drews; Director:o•f. !Planning .and_,Commun•ity- : Development Jay Otto •a.nd Administrative Assistant Jim Williams. . • s. :.: . '.: _ :-: The Council: discussed a • propo-sed- j:inf- • •,":for - residents ---in Ches,tnut,. nexation ..The brochure .is: ;be,ing. • pre:pared . by the _ 1Department.•_.of • Planni and Community Development :.: - The :Counc.il .offered•s;suggestions for_amprovements• to ; the • brochure. Discussion followed regarding a proposed water system intertie to Union Gap. A discussion fo.11owed.•regard.ing proposed renovation of City-Hall. Council Chambers.: .;Counci:1 men offered suggestions for improvement•;totthe •plan an terms of; 'c;uttng costs - .the pro- ject. The special meeting adjourned at 3:00 P.M. REGULAR MEETING - MARCH 6, 1972 - 3:00 O'CLOCK..P.M.. ?:::,, ...._ . The City Council then met in regular session at the hour of 3 :00 P.M., Mayor Broad presiding Councilmen Brown, Lambert, Lust, Robinson, Schussler and Whitaker, City Manager McMicken and City Attorney Andrews present on roll call. The Invocation was given:by City Manager McMicken. The minutes of the regular meeting of February 28, 1972, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Broad declared said minutes approved as recorded. Petition No. 734, Notice of Intention to Commence Annexation Proceedings, having been filed with the City Clerk on March 1, 1972, by Dr. and Mrs. Ronald R. Reihl, requesting annexation of property located in the vicinity of 712 North 56th Avenue, it was MOVED by Robinson, se- conded by Whitaker that this date be set as the time for a meeting with the initiating par- ties who signed the Notice of to Commence Annexation Proceedings dated March 1, 1972, those initiating parties being Dr. and Mrs. Ronald R. Reihl: carried, Broad, Brown, •Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. Mrs. Ronald.R. Reihl, being present and indicating that they are willing to assume their share 'of 'the City'. existing indebtedness, it was duly moved, seconded a.nd..passed that the annexation proposed by petition no. 734, (Notice of Intention to Commence Annexation Proceedings) be accepted_by the City of Yakima and that the area sought to be annexed be required to assume the City's existing indebtedness, and that a notice of Intention to Annex be filed with the Yakima County:Boundary Review Board. The above MOTION was made by Robinson, seconded by Lust and carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. This being the time fixed for a Hearing on Yakima Valley Transportation Company Franchise Renewal, City Manager McMicken introduced persons present involved in this matter, namely, Mr. Allan Schneider, Technical Leader, Operations Research -.Battelle-Northwest; Mr. James Bergmann, Attorney for Union'Pacific Railroad, Portland, Oregon, F. W. Shields, Jr., Secre- tary- Manager, Yakima Valley Growers - Shippers Association, H. G.. Wells, Secretary- Manager, Yakima Chamber of Commerce, and Mr. Jean Allard. Mr. James Bergmann stated that other rail- road representatives present are Mr. H. J. Bailey, Special Representative for the General Manager,. and Mr. G. W. McDonald, Division Engineer. Mr. Bergmann reported that it is the railroad's desire to work with the City Council and find an amicable solution to the prob- lem. Mr. Bergmann further reported that the problem is not merely one of inconvenience from the standpoint of the railroad and motorists, but also the shippers. Mr. Bergmann explained that the railroad is duty bound,to serve those shippers, and further stated that he hoped that the City Council would issue a new franchise agreement. Mr. F. W. Shields, speaking in favor of the extension of the franchise for Y.V.T., stated that there are 37 firms using the services of the Y.V.T., and that the loss of this service would result in a severe financial loss to these firms•.on the Y.V.T., their employees and the community.' He further stated that the Yakima Valley Growers - Shippers Association do not feel that trucks could provide. the needed service. Mr. Allan Schneider stated that Battelle - Northwest proposes to conduct a survey to accumulate data on the economic contribution the rail system provides Yakima and • would like someone in the City of Yakima, such as the Chamber of Commerce, to distribute the questionnaires. Mr. Schneider further stated that the citizens, railroad and shippers would • have a fair hearing through Battelle- Northwest's proposed study. Councilman' Lust reported that the Council has received a copy of a letter from Randall B. Kester, General Solicitor for Union Pacific Railroad, in response to an inquiry made by the City Council at it's last Hearing as to the extent the railroad would support the study and share in the $9,000 fee to be paid Battelle - Northwest. Councilman Lust further reported that in answer to our inquiry the Union Pacific Railroad responds that they will support and contribute to the study by assisting with the accumulation of data, which will result in a significant cost to the Rail road and savings in the cost of the study, and this must be recognized as the'equivalent of a financial contribution to the study. Councilman Lust questioned Mr. Schneider as to the availability of this type of savings. Mr. Schneider responded that it would be helpful if the railroad could make the facts available to them, but that Battelle - Northwest does have people on their staff capable of giving estimates, and also similar types of information can be obtained from State agencies. City Manager McMicken directed three questions to the re- presentatives of the railroad, (1) would it be possible for the railroad to to die- sel from electr :ic, (2) what -is the legal opinion about the City's authority to actually pre- , vent the line from operating, and what are the Interstate Commerce Commission rules, and (3) are there alternate routes for the shipper of box cars from the Southwest which would be e- conomically feasible? 'Mr. Bergmann replied in part, stating that the federal Interstate Commerce Act obligates Y.V.T. to serve all shippers now being served in the absence of an Interstate Commerce Commission order authorizing abandonment of the railroad line. He fur- 331 MARCH 6, 1972 . ther responded by stating that he has been told that'the grade on. Nob Hill Boulevard is sud1 that if we had a:"d:iesel large enough to pull the loads, it would be too big to turn corners. Mr. Bergmann explained that in•regards•to the•moving the tracks on Nob Hill Boulevard to Ahtanum Road, that it may be possible, -but would be very expensive: Mr. G. W. McDonald ex- plained that from time to time the railroad has made the study of conversion to desiel, and has found that due to curvature and grade as well as bridge restrictions as far as weight limitations, they have not found it feasible to convert. Mr. McDonald concurred with Mr. Bergmann that the cost of relocating tracks is very expensive. Mr. Jean Allard, a'concerne citizen, explained that he is basically 'interested in discontinuing that portion of tracks - west of 6th Avenue, since there is only one company', United Builders, that is served in the City west of 6th Avenue. Mr. Allard further explained that he has contacted the In- terstate Commerce Commission and the Washington Utilities and Transportation Commission and asked for a formal'opinion as to 'what'the City's authority is to discontinue any portion of this program. Mr. H. G. Wells informed the Council that the Government Affairs Committee on two separate occasions have spent quite a it of time looking into this matter, and that on February 28, 1972, the Board of Directors took the following points of view, (1) the City should renew the franchise for a short period of time, approximately one year, .(2) in as much as the Y.V.T. 3% gross income to the City will run somewhere from $1,000 to $1,200 a year, the expenditure of $9,000 for a survey could be done, and (3) certainl the County . could be involved in a joint effort. Mr.' James Bergmann stated that the Washington Utili- ties and Transportation Commission does not have any jurisdiction in the question of legality of the City to discontinue any portion of Y.V.T. operation, that it would have to be resolved by the Interstate Commerce Commission. Mr. Bergmann again requested that the City renew the franchise and suggested that the City and Y.V.T. could negotiate specific conditions of the line's operations in a new franchise agreement, such as the hours trains are scheduled, so that they could avoid rush -hour traffic. Mr. Shields namedfour busi- nesses that use the service inside the City limits, namely, United Builders, Bi -Mart, Fulle.a Paint Stores and Kobernik Milling Co. Mr. Jean Allard questioned the possibility of alter- , nate methods of transportation to serve these people. Mr. Shields explained. that trucks' could be used at an additional expense. Mr. Gary N. Bailey,-Sales Manager, George F. Jo- seph Orchard Siding,'spoke in favor of the renewal of the' Y.V.T. franchise, stating:that the use of trucks by his company would be too difficult and costly. Councilman Lust ques- tioned the matter of public safety for motorists, particularly on Nob_Hill Boulevard. Mr. Lust also asked if the railroad has considered any type'of proposal to :'rectify on Nob Hill Boulevard. Mr. James Bergmann stated that the railroad has not made an inde- pendentrstudy beyond working with the City on the ir..plans for improvement. LC ity:'.Pubi ic: : • Works Director Dave Vargas stated he has :r.eviewed :.the correspondence in .the fi lest.with. Y.V.T. on relocating.'.their tracks on Nob Hill Boulevard and their response :to'our: inquiry was that it should be an item of City expenses. Public Works :Director Dave:Vargas further stated that one of the rails on Nob Hill Boulevard lies within the City right of way and the other lies within Y.V.T. right of way. Councilman Schussler suggested that the City Council" renew- Y..V.T. 's franchise as .it'' is. sixAmonths: and "at the same time do two' :things (1) get a specific opinion from the City Attorney and the railroad on the subject of what legality we have to reg Mate. -the railroad' and (2) sit down with' the; :railroads :and'.develop Jt• among ourselves those areas of our greatest concern. City Attorney Andrews explained that a separate license could be authorized by resolution :that; couldi :be retr.oact _ve..if'.'.the Coun- cil so directed. After due'discussion, it was MOVED by Schussler, seconded'by that the City Council authorize appropriate legislation to'be prepared'extending a license to Yakima Valley Transportation Company to terminate December 31, 1972, and that the City Coun cil obtain as soon as possible a precise legal opinion :as" to, our,_l_egality in discontinuing this system and discuss this problem with Union.Pacific'Railroad'Company. City'lManager Micken discussed the'possible questions the City and railroad could consider. Mayor Broad then called for the voice vote on the above MOTION and it carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting:aye by voice vote.: ".. This being the time fixed• -for a Hearing on the closing hours of the Downtown Recreation`Cen ter, Attorney Walter Dauber representing Michael Hoff',.owner- manager of:the.Dowritown plained that the - matter of an appeal by Mr. Hoff has been continued a week so that the Coun cil could review this subject. Mr.•Dauber further explained that his client has..offered close at 11:00 P.M. Sunday through Thursday and at 1:00 A.M. "Friday and'Saturdayfor'those persons under 18 years. of age, but is requesting that his business be permitted'tostay open later hours for adults. Mr. Dauber stated that if the •Downtown is :notpermitted. to stay open later for adults, it will be forced to closedown. :.Cbuncilmari-.Robinson.stated he felt making some people :leave early, while others are inside would encourage continuance of the problem outside. Mr. disagreed, stating that the people ejected would either go home or find some other activity. Mr. Jerry Folk, owner of the King's'Den, concurred with Councilman. , Robinson - and stated that the a crowd. that :doesn't" taker- advantage of the recreation inside, but rather goes outside to have their fun. Mr. Folk further stated that there has been a great deal of property damaged around :the.•Downtown Recreation Center and there areibusinesses in that area that are having"to close.dowin...Councilman Schuss -ler. explained 'that: the Council has -reviewed this matter :'and he .feels 'that the hours prescribed by the City Manager were not unreasonable for a 90 -day period. Councilman Schus- sler further explained that City Manager McMicken's action should be reaffirmed :and.after. 90 days the Council could look at the: situation• again'.and!if: the; problems. are resolved `they • may Want to:reconsider hours. • Several Council members concurred in their support of the City Manager's conditions. It was then MOVED by Robinson_, seconded by Brown that the '' City Council confirm the views expressed by - theCity Manager' in h•is; letter• to: Michael L. Hoff dated-February 24, 1972, which includes limitation on closing hours: carried, Broad, Brown, Lambert, Robinson, Schussler and Whitaker voting aye by voice vote. Lust .not voting Councilman Lust explained that he represents. two of! %the businesses directly Involved ih :thi„ matter. Mayor Broad stated he felt.;that 'the Downtown Recreation Center• -:is .necessary , tor our community and that he hoped at the end of the 90 -day probation period the matter could be turned around so the Council could reconsider the matter = - licensing iii' -"a .more.. favorable light. .: Petition No. 712, having been filed with the City Clerk on March 3, 1972, by Donald Brit "le. and Others, requesting annexation of property :located'on.the•westside of 48th Avenue, it was.MOVED by Robinson, 'seconded by Schussler that the Petition :for Annexation filed by Donald Brule and Others, being Petition No. 712, be approved•as.""meeting. the requirements of law; that said Petition"be•.'referred to the City Manager and -Planning Commission for study and recommendation; and that .March 20, 1972, be set as the date for a public hearing by the City Council on this Petition: carried, Broad, Brown, Lambert, Lust, Robinson, "Schussle : and Whitaker voting aye'by.voice vote. •1 . • Petition No. 735, having been filed , the Clerk on .Febr,•uary,•,22 ,, 197.2,.. cBernie;., 1 _Scott and Others, requesting licensing of garage, patio and backyard sales, it was MOVED by Lambert, seconded by Brown that this matter be referred to the City Manager and Staff: car- ried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. :Ai r 332 . MARCH 6, 1972 It was MOVED by Robinson, seconded by)-Brown that Ordinance No: 1392 amending Ordinance No. 1267 passed December 7,• 19.70•,..and annexing and zoning property to the City;r of Yakima,...be . passed as read :'.'carried, , Broad;, Brown, Lambert, -Lust, Robinson,.' Schussler and Whitaker vo- ting aye on. roll call... City. Attorney Andrews explained that Ordinance. No. 1267-contained certain erroneous.rlegal descriptions which should be-corrected as provided by Ordinance No. 1392. • • • . ORDINANCE NO. 1392., AN ORDINANCE "annexing property to the City of.Yakima, and'zoning said property; amending Ordinance: No. ,1267 passed by the Yakima' City Council •on December 7, 1970, entitled ORDINANCE annexing. property to the City of-Yakima,' and zoning said property "; and declaring. an: emergency. -. - -• . The City Treasurer.having.submit'ted 'the -- following report for the month of February, 1972: :: , • . ; • : February-26, 1972' ' Mr. Craig McMicken -. . - - - - City Manager • ' - - Yakima, Washington' .: ' ' Dear Sirs: ' The following investments were-purchased during the month of February: • TREASURER'S SURPLUS CASH • TIME CERTIFICATE OF'DEPOSIT #5203 @ 3.45% - DUE $ 200_,000.00• $ 200,-000.00 3/2/72 - .N.P :C. .- . CEMETERY-TRUST- • . . • • - ' YAKIMA L.I.D. #978 -. WARRANT - #18.' • - .472.25 YAKIMA L :.I.D. #984 --WARRANT #2 8,900.52.' 9,372.77 CUMULATIVE RESERVE FOR DOM. WATER SUPPLY DEVELOPMENT ' YAKIMA L.I.D.-' #978 .'- WARRANT #17 35,431.06 35,431.06 CUMULATIVE - RESERVE. FOR,CAPITAL. IMPROVEMENTS • - • . - TIME CERTIFICATE OF DEPOSIT #1205 @ 3.53% DUE • • -- 4/29/72 - N.B. WASH. 100,000. -O0 • • TIME CERTIFICATE OF DEPOSIT: #1206 .@ 3.53% - DUE - • ' 4/29/72:- N-.:B .WASH. - '. 50, 000.00 150",000.00 TOTAL INVESTMENTS' PURCHASED"DURING THE MONTH OF-FEBRUARY, 1972 ".$ 394,803.83 The following -investments -were .'sold during the month of- February; .1972. - _ ' ' GENERAL OBLIGATION REDEMPTION ' • TIME CERTIFICATE OF DEPOSIT; #498 - BANK OF YAKIMA -. . 15,000.00 - ' U.S. TREASURY D' :BILL #6671734' @ IOM -.SKR #515'69 9,896.36 $' 24,896.36 '62. STREET 'IMPROVEMENT GENERAL OBLIGATION BOND REDEMPTION - - - .' U.S. TREASURY NOTES #2070 , #2424/6' & #64541/2 * @ 10M - -_ ' . ' SKR #47908 • 61,'125.00 - 61,125.00 • '67 GENERAL OBLIGATION AIRPORT BOND REDEMPTION' - - U.S. TREASURY NOTES #28816 &: #31600 @'loM & #3189 @ 5M SKR #47907 • - - .' - 25,468.75 - - • U.S. TREASURY DISCOUNT BILL • #6671733 @ 10M - 'SKR #51570 • 9 896.36. •- 3.5•,365.11 - - IRRIGATION - ' - U: S TREASURY BONDS #5;4165 & #179/184 @ 10M.:. - ' ' SKR #39974 ' •. - 76,400.00 - U.S.•TREASURY DISCOUNT BILL #890620 @ 50M - SKR #51567 48,133.33 U :S. TREASURY DISCOUNT BILLS #6671735/7 @ .10M SKR #51567 - - - 29,689.08 154,222.41 WATER -SEWER •• - • - U.S. TREASURY #8 -@ 100M ..:SKR #39973 - 95,500.00 95,500.00 SPECIAL DEPOSITS IN LIEU OF L.I.D.'S - • YAKIMA • L . I . D .. #982.7 WARRANT #8 6,168.80- - - - - - - -. - TIME CERTIFICATE OF DEPOSIT #495 - BK OF YAKIMA -' 15,•000.00 21,168.80 SEWER CONSTRUCTION •-. • ' - • - US. TREASURY DISCOUNT BILLS #6771738/9 @ 10M - SKR - #51568 19,792.72' 19,792.72 - 'WATER -SEWER REVENUE BOND, 1964-RESERVE ACCOUNT - - • U.S. TREASURY BONDS #161/4 @ 10M '- SKR. #39972 38,200..00 _ - 38,200.00 WATER - SEWER. REVENUE BOND, 1968' PRINCIPAL & INTEREST - " U.S. TREASURY ,NOTES 42247/8:, #64530 &464539/40 @ IOM - SKR #47909 - - 50,937.50 - • _ U.S. TREASURY DISCOUNT BILLS #66717 @ 10M SKR - - #51575 29,689.08 80,626.58 CITY GARAGE- , -- ' - - . . . U.S. • TREASURY DISCOUNT -BILLS #7142773/5 @ 1OM-- SKR - #51566 - (Operation Account) • ' 29,689.08 V.S. TREASURY DISCOUNT BILLS #6542065/8 @•10M - SKR'• '• •. - • #48167 - (Depreciation: Account) 38,506.67.- 68,195.75 CEMETERY TRUST . - - • . • - YAKIMA L.I.D. #982 - WARRANTS #1/7 & #9/12 - .'14,977.75 - '' 14,977.75 • TOTAL •INVESTMENTS' SOLD°DURING THE MONTH OF FEBRUARY, 1972 $ 614,070.48 ,■ • . . 33,3 • • MARCH 6, : 1972 ' • Respectfully submitted; • . • , - 'Doris+ A: Hufferd " • • ". . - • - • Deputy :City Treasurer : • -• .. APPROVED: 'INVESTMENT COMMITTEE .�' s /BERT' BROAD •• MAYOR ": s /CRAIG MCMICKEN CITY MANAGER s /LEONARD CROSE DIRECTOR OF FINANCE s/WALTER CHAPPEL CITY TREASURER DAH•:dh • +:. ' " it. z ., . ...'. ... . it was -MOVED by Robinson.,' sedonded•'by - Lust: that the report City - Treasurer' dated February 29, 1972, 'regarding the investments of the City of Yakima, " be accepted ands ap. proved -: ; •carried, Broad; Brown, ' Lambert;: Lust, ;.•"Robinson,• Schussler" and •Wh.itaker •voting. aye by' voice vote. . . • - .. ". ' ti' Mayor Broad reported that he has received a letter'from•Mr. Henry•A. Stamschror, Mountain • States Construction Co. and Associates, 'expressing their very sincere appreciation for the wonderful'spirit ' of'cooperation and patience - .they have experienced.in their work in Yakima and especially on the Yakima'Mali Project:. -- • -. • - r:'. City Manager - MOMicken'•referred to his 'reports #137 ' Proposed- Sign% Codd'+and"' #144 Proposed Sign Code -- Addendum'.' He explained that :whent he 'presented his •report= #137 :to the Council ;.a • its November 15, . 1971 meeting they •recommended that' a' 'Hearing' be• held •on' the "matter 'of the Proposed Sign Code,'and•that all people involved with any type of signs should be notified and given an opportunity to appear at 'this 'hearing. • • He'-further+ explained" that the Chief: Building Inspector has done so and 'his report #144.records what happened at thatHearing': •Mr.'McMicken- stated that in the proposed Ordinance submitted with his report 4#144 it' •has been to make adjustments to it our' particular circumstances, such as a•new•sec- tion which would specifically prohibit •any sign: which 'might confuse traffic 'or detract fro legal traffic control devices, including those which are - an•iMated_; - revolving, 'blinking or flashing. Mr. McMicken stated that this ordinance is primarily taken from a construction safety Standpoint, there is this one-thing that is based upon a traffic safety measure. He further stated that• the Chief Building Inspector - reports - -that' approximately 20'business =s would 'be seriously affected by the new sign requirements, and preparatory to adoptiontof the proposed'• ordinance and'Sign Code, Mr:•'McMicken suggested that a public hearing be held . at which time those businesses will be given direct mail notice and a copy of the proposed legi 'Councilman Robinson questioned the prohibition' .of flashing sighs as''far as , ' contractors are concerned. Chief Building Inspector Newell: Pock explained'that•soine'of the signs that are flashing and revolving are old signs, the new process being neon signs or•'•z ip•• change .letter's;:: He further 'explainedl. that the older style .signs would be phased out through the process of a 4 -year limitation. After due discussion, it was MOVED'jby "'• Robinson, seconded by Lust that March 27, 1972, be fixed as the date for a Hearing on the Proposed Sign Code -Ordinance,:. carried, Broad, Brown,: = Lambert, Lust, Robinson, Schussler - ' and: Whitaker voting: ayer'by "voice - vote.' •.- .- . .. •.•. • a =: .: '' ". :,.►t: • :.. :r... +:. Cit - Manager' McMicken 'referred to- his report : #14 • Proposed Hotel /Apartment• :Safety"Ordi -•' nance .• - He.explained that this is a proposed ordinance which has-been prepared under the leadership of Chief Building Inspector Newell Pock and Fire Marshal -Ed Lexa to provide reasonable safety for persons living' and sleeping 'in :apartmen.t. houses,' hotels• and'moteis Mr. McMicken further explained. that if adopted, existing apartment 'houses,.' hotels: Imo tels of more than one story in height with four or more dwelling units must comply with the requirements within. 18 months.,' 'He- added that+ there are at leastn226.'structures that . may or may 'not be affected: • He stated that this 'ordinance would make" some heavy demands • , upon owners of these-businesses aind ' that' -•i:n a 'sense 'thist'is , a 'littl•e housrng' eode"lfor• 'lib- tels and apartments. Mr. McMicken further stated that a significant feature of the pro- posed ordinance is the provision for retroactive compliance with fire safety regulations, which is not provided for in the Uniform Building Code. Mr. Ted'Mellotte, an apartment owner, being present questioned having to remodel the buildings. He stated that when you start to remodel old buildings you have problems. City Manager McMicken explained that ' he is recommending_ that a •direct mail of the proposed. Ordinance 'bey•made •to owners 'and 'ina- nagers of apartments, hotels and motels in the ity; »that a public meeting be held in the . Council Chambers at which time the Chief Building Inspector and Fire Marshal would preside, ' explain :the provisions of the ordinance, and answerquestions; and that a public hearing be held before the City Council. After due discussion, it was•MOVED by Schussler, se- . conded by Whitaker that the City Council schedule a Hearing on the'Proposed Hotel /Apartment Safety Ordinance for May'i,'1972'and that before this date the Chief Building Inspector and Fire Marshal hold a public meeting for all persons who would be affected by the law: carried, Broad, Brown, Lambert, Lust, Robinson,•Schussler and :Whitaker.voting aye by voice vote. • City Manager McMicken referring to the matter of authorization for a temporary loan to the Park and'Recreation Fund for park purposes, it was MOVED by Robinson, seconded by Brown that Resolution No. D -1823 authorizing a temporary loan of $13,275 to the Park and Recrea- tion Fund to purchase property for enlargement of Milroy'Park, be passed as read: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and'Whitaker voting aye on roll call,. ' I . RESOLUTION•NO. D -1823, A RESOLUTION authorizing a temporary loan of.$13,275 from 131 -Parks and Recreation Fund to 331 -Parks and Recreation Capital Fund, and providing for repayment. City Manager McMicken explaining that an engine for a diesel bus owned by .the :City is . in operable so as to require the engine to be rebuilt, and such repair work must be accom- plished immediately so as to authorize the expenditure therefor without calling for bids, . it was MOVED by Robinson, seconded by "Schussler that Resolution No. D -1824 authorizing the • purchase of materials and hiring of labor to rebuild said bus engine, without calling for bids, be passed as read: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye on roll call. . RESOLUTION NO. D -1824, A'RESOLUTION authorizing the purchase of material and hiring of labor to rebuild a bus engine without calling for bids. City Manager McMicken referred the matter of authorization to withdraw from pending anti- • trust litigation. involving cast iron pipe and fittings, to City Attorney Andrews. He re- A X 33 • MARCH 6, 1972.: . , ported to the City Council that his office has received notification of pending anti -trust litigation involving manufacturers of cast iron pipe. He further reported that the law- suit is a class,acton brought the State Attorney General, and the City of Yakima is involved as -.a party the,- action, unless the City takes affirmative steps to be excluded from the action. After a further report by the City Attorney and discussion by the City Council, it was MOVED by Robinson, seconded by Lust that the,.City,.. Attorney, be ,authorized, to take necessary steps in that lawsuit to exclude the City as a party to the action; car- ried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by ,voice_,, vote. City Manager McMicken reported that Dr. and Mrs:, -R.. Reihl, who have filed a •Notice II of Intention to Commence Annexation•Proceedings, have submitted a request for outside uti- lity service to property located at 712'.North 56th Avenue, that this application is = sanitary sewer to serve an existing single - family dwelling, and that the Planning Staff recommends,.approval. ,,He further;• that• if the property, -is :annexed,, they. yould •'- treated as 'if inside the City,, -and. if it failed,,,_ they would, : continue : to be• served ,outside the City. After due discussion : :it. was MOVED, by.,Lust,, by' : .that said .Sani- tary Sewer hookup request be approved with the signing of outside hookup agreements:• car ried, Broad, Brown, Lambert, Lust, Robinson, Schussler and ' Whitaker voting aye by voice vote. • City McMicken- reported that only one bid was received and considered by a Bid Board on March 2, 1972, on Rowe Hill Well Drilling. and ..Developing.•Project,,:namely, the bid of Eastwood Drilling Co., Inc., $8,113.35. The City Engineer recommending that this bid be awarded' to Eastwood Drilling o.. ,, • Inc..,,, whose .b'id ,was;,lower. than..the ,Engineer's estimate, it MOVED by .Robinson, :.seconded by ; Lambert that the recommendation, .of ; theT ; C'ity Engineer be accepted and that the contract'be awarded to Eastwood Drilling.Co.,.Inc..,. in the amount of, $8 . ; - and.,that. the City Manager .be. authorized. to enter-, into contract with said .contractor upon the filing of the proper ` ;bond and insurance: - carried Broad, , , Brown, Lambert Robinson, ,Schussler and:Whitaker aye by voice vote. -• City. Manager McMicken .expla•ined. that .wh'en :the new..Water .Treatment .Plant ,was ;pn, ,.service was discontinued to. Pacific Power and Light Company, Carl Hoffman; andWalter .RoweHe . further explained that t'he,,City is installing wells t hat will be turned over to these people as,.. their method of obtaining water service,. and we will no longer be liable'. • City Manager McMicken; explaining „that on ; February 22, 1972, Todd - B. _Smith „filed,.a; claim.. ; ,, r with the City of� Yakima ,for .the amount of:.- $13 for damages' .incurred on November_ 27.,.. when the' sanitation crew , the City of, Yakima damaged, the. garagedoorat ;.. • •- ,. of ., ; his• residenceat 1107 South 45th Avenue,.; and: recommending,. this ;; claim •• be, paid,,.'it. was: M ;: OVED by : Robinson, seconded •by Brown, that Resolution No.. D -1825 auth'orizing said_.,elaim: for : damages, • be passed as read: carried,.Broad,.'Brown, Lambert,;,Lust, Robinson,. Schussler and Whitaker voting aye•on call. , ` RESOLUTION NO ; D- 1825, A RESOLUTION authorizing payment of: • $13..13 : to •Todd7!.B. Smith in set- tlement of a claim for . damages, filed with the_ City of Yakima”. ,,.,. , ;,. - _ . • . City Manager McMicken explainingthat in connection with - contemplated- improvements toMead . Avenue, an Offer to Sell has been received from Alan C., Elliott . and r,ecommending,the;,pur chase of said property, it was MOVED by Lust, seconded by Whitaker that No. D -1826• authorizing the purchase of said right of. way pr.•operty, . be .passed as , carried,, Broad, - Brown, Lambert,.- ,•Lust,.Rob Schussler and Whitaker voting aye on roll call. . . RESOLUTION NO.' D -1826, A' RESOLUTION authorizing: the, purchase of right of way .property, for: Mead Avenue • improvements '., .. .' :.: There being no-further-business to come before Councily was MOVED. Lust,' seconded by Whitaker that we do now . adjourn,,at the hour • of 5:30• P.M.: carried, Broad,.,,Brown, Lam- _ Bert, Lust .Robinson, Schussler• and . Whitaker .vot'ing aye . by ;voice, vote., . . - . , . .. - . . :, :, : :: : „ :. . • • READ AND CERTIFIED .ACCURATE. ,BY • // G-C,.! , .DATE. J 4:7?! . - -. COUNCILMAN • . . .:..:, '.: . • • 11 I i�;, < t DATE "� :--\ 4 .' .0 I - OUNCILMAN i:. :a F,: ;,;; i >f t •i:. • ..... , . ATTEST: • , ,(747, ..1 • C •I T'Y C L •E R K ,: ;, ' . MAYOR O R ' • • • • • L .. .